عنوان

Sovereignty, National Interest & Security and the Bilateral Investment Treaties of Bangladesh and the Netherlands:

Number

LA108069

.Language of Text, Soundtrack etc

انگلیسی

Title Proper

Sovereignty, National Interest & Security and the Bilateral Investment Treaties of Bangladesh and the Netherlands:

General Material Designation

[Article]

Other Title Information

a Comparison

First Statement of Responsibility

Mohammad Belayet Hossain, Asmah Laili Bt Yeon, Ahmad Shamsul Bin Abd. Aziz, et al.

Place of Publication, Distribution, etc.

Leiden

Name of Publisher, Distributor, etc.

Brill | Nijhoff

Text of Note

In absence of any global treaty, the bilateral investment treaties are playing the important role of regulating foreign investments in the host countries. The primary purpose of economic globalization is the economic development of the developing and least-developed countries as well as to facilitate benefits of the home states. Bangladesh and the Netherlands also signed bilateral investment treaties to facilitate trade. Bangladesh foreign investment laws and bilateral investment treaties mainly protect foreign investors; however, neither include any specific provisions of protecting sovereignty, national interest, and security. The Netherlands generally follows EU foreign investment policies. This paper addresses two questions: (a) do the bilateral investment treaties of Bangladesh and the Netherlands include any specific provisions to protect the sovereignty, national interest, and security, and (b) should the sovereignty, national interest, and security be considered during the entry of foreign direct investment in Bangladesh and the Netherlands? Using doctrinal research method, a total of 25 bilateral investment treaties have been analysed in order to explore whether they protect the sovereignty, national interest, and security of Bangladesh and the Netherlands. Based on the findings, this study will recommend that the government of Bangladesh should consider this important factor as an entry condition, either through amending the existing laws or through the bilateral investment treaties. In absence of any global treaty, the bilateral investment treaties are playing the important role of regulating foreign investments in the host countries. The primary purpose of economic globalization is the economic development of the developing and least-developed countries as well as to facilitate benefits of the home states. Bangladesh and the Netherlands also signed bilateral investment treaties to facilitate trade. Bangladesh foreign investment laws and bilateral investment treaties mainly protect foreign investors; however, neither include any specific provisions of protecting sovereignty, national interest, and security. The Netherlands generally follows EU foreign investment policies. This paper addresses two questions: (a) do the bilateral investment treaties of Bangladesh and the Netherlands include any specific provisions to protect the sovereignty, national interest, and security, and (b) should the sovereignty, national interest, and security be considered during the entry of foreign direct investment in Bangladesh and the Netherlands? Using doctrinal research method, a total of 25 bilateral investment treaties have been analysed in order to explore whether they protect the sovereignty, national interest, and security of Bangladesh and the Netherlands. Based on the findings, this study will recommend that the government of Bangladesh should consider this important factor as an entry condition, either through amending the existing laws or through the bilateral investment treaties.

Date of Publication

2019

Physical description

183-214

Title

African Journal of Legal Studies

Volume Number

12/2

International Standard Serial Number

1708-7384

Subject Term

Bangladesh

Subject Term

bilateral investment treaties

Subject Term

International Law: General Interest

Subject Term

national interest and security

Subject Term

Netherlands

Subject Term

sovereignty

Ahmad Shamsul Bin Abd. Aziz

Asmah Laili Bt Yeon

Mohammad Belayet Hossain

Call Number

10.1163/17087384-12340049

Electronic name

p

[Article]

275578

a

Y